CC DM 20200602 B - 20200505 CC MINS DRAFTDRAFT
MINUTES
RANCHO PALOS VERDES CITY COUNCIL
SPECIAL MEETING (CLOSED SESSION ONLY)/REGULAR MEETING
MAY 5, 2020
CALL TO ORDER:
A Special Meeting of the Rancho Palos Verdes City Council for the purpose of a Closed
Session was called to order by Mayor Cruikshank at 5:32 P.M. via teleconference/virtual
meeting using the Zoom platform notice having been given with affidavit thereto on file.
City Council roll call was answered as follows:
PRESENT: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
ABSENT: None
Also present were Ara Mihranian, City Manager; William W. Wynder, City Attorney, and
Teresa Takaoka, Deputy City Clerk.
PUBLIC COMMENTS:
None.
CLOSED SESSION ITEMS ANNOUNCED:
City Attorney Wynder announced the items to be discussed in Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
GC SECTION 54956.9 (d)(1)
Name of Cases:
City of Rancho Palos Verdes v. Indian Peak Properties, LLC
Los Angeles Superior Court Case No. 18STCV03781
Indian Peak Properties, LLC v. City of Rancho Palos Verdes
Los Angeles Superior Court Case No. 18STCP02913
Indian Peak Properties, LLC, et al v. City of Rancho Palos Verdes, et al
Central District of California Case No. 2:20-cv-00457-DSF-E
Indian Peak Properties, LLC Petition for Declaratory Ruling
Federal Communications Commission CSR -O
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code §54956.9(d)(4)
because the City is considering whether to initiate litigation in one case.
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3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
A closed session will be held, pursuant to Government Code § 54956.9(d)(2) or
(d)(3) and (e)(1) because there is a significant exposure to litigation in one case
where the facts and circumstances giving rise to an exposure to litigation are not
known to plaintiff(s).
4. CONFERENCE WITH LABOR NEGOTIATOR
A closed session will be held, pursuant to Government Code § 54957.6, with the City
Manager, City Attorney and Ms. Julie DeZiel, the City’s negotiators, regarding labor
negotiations with the Rancho Palos Verdes Employee Association.
RECESS TO CLOSED SESSION (VIA CONFERENCE BRIDGE):
At 5:35 P.M., the Council recessed to Closed Session.
ADJOURN TO REGULAR MEETING:
At 7:37 P.M. the Closed Session was adjourned to the Regular meeting.
REGULAR MEETING – OPEN SESSION
CALL TO ORDER:
A Regular meeting of the Rancho Palos Verdes City Council was called to order by
Mayor Cruikshank at 7:37 P.M. via teleconference/virtual meeting using the Zoom
platform notice having been given with affidavit thereto on file.
City Council roll call was answered as follows:
PRESENT: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
ABSENT: None
Also present were Ara Mihranian, City Manager; William W. Wynder, City Attorney;
Trang Nguyen, Director of Finance; Terry Rodrigue, Interim Director of Community
Development; Elias Sassoon, Director of Public Works; Cory Linder, Director of
Recreation and Parks; Lukasz Buchwald, Information Technology Manager; and Teresa
Takaoka, Deputy City Clerk.
Also present was Captain James Powers, Lomita Station, Los Angeles County Sheriff’s
Department.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Councilmember Ferraro.
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CLOSED SESSION REPORT:
City Attorney Wynder reported that with regards to the Closed Session item, a privileged
and confidential briefing regarding the facts and circumstances which may cause the
City to initiate litigation in the Indian Peak case was presented; recommended a
litigation strategy on a going forward basis, council was provided with a cost estimate of
the litigation strategy and the council unanimously directed to pursue such strategy.
The City Council is considering whether to initiate litigation in one case and on that
matter, the City Attorney provided the City Council with the second privilege confidential
briefing on the facts and circumstances, which may cause the city to litigation. There
was briefing on those issues and questions and answers were directed to the City
Attorney’s office and the City Attorney and City Manager were directed to reach out to
the potential defendant to have an honest and cordial conversation about the facts and
circumstances on which could give rise to litigation in effort to avoid it, if that is possible.
There was an extensive discussion about the facts and circumstances which can give
rise to the City’s exposure to litigation.
There was an extensive briefing by both the City Attorney’s office of the legal issues and
the discussion by City Manager of the underlying factual issues. The Council engaged
in a detailed discussion and gave direction for the City Manager to develop a written
litigation avoidance strategy that would permit the Council to proceed forward with in a
manner consistent with its legal authority; consistent with the law; to circulate this to the
Council for future review and action.
Lastly, there was a privileged and confidential briefing about ongoing Labor
negotiations. The City Manager and his staff briefed the Council on one remaining issue
involving a few employees and a few exempt employees , recommended a negotiating
position, which the City Council unanimously authorized
MAYOR’S ANNOUNCEMENTS:
Presentation to Marilyn and John Long
Mayor Cruikshank and the City Council recognized Marilyn and John Long for the
legacy of community involvement and philanthropy in service to the community.
RECYCLE AND EMERGENCY PERSONAL PREPAREDNESS KIT DRAWING:
Mayor Cruikshank announced the Recycle Winners for the April 21, 2020, City Council
meeting: Evelyn Empie and Kimberley Offenberg. He indicated that all winners receive
a check for $250 and urged everyone to participate in the City’s Recycling Program. He
noted that in addition to winning the Recycler Drawing, the two individuals also won a
Personal Emergency Preparedness Kit from the City valued at $60.00.
APPROVAL OF THE AGENDA:
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Councilmember Dyda moved, seconded by Councilmember Ferraro, to approve the
agenda as presented.
The motion passed on the following roll call vote:
AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: None
PUBLIC COMMENTS:
Deputy City Clerk Takaoka noted that late correspondence was received for this item
and distributed prior to the meeting.
CITY MANAGER REPORT:
City Manager Mihranian announced the following: Virtual Meetings; Covid-19 Update
(Notify Me, Social Media); Covid-19 Resident Survey; Covid-19: Be Smart. Do Your Part
Flyer; RPVtv’s “Around the Peninsula” – Helping Seniors through COVID-19; Small
Business Financial Assistance Plan; #RPVTogether; Harbor-UCLA Hospital Meal Drop
Off; Alert Southbay; Wildfire Preparedness Week;
2020 Census Self-Response Rates; and Happy Mother’s Day to all.
CONSENT CALENDAR:
Deputy City Clerk Takaoka reported that late correspondence was distributed prior to
the meeting regarding Items H, I K, and L. There was one request to speak on item L.
Deputy City Clerk Takaoka read SUNSHINE’s comments into the record.
Councilman Bradley requested Items H and J be pulled for separate consideration.
Mayor Pro Tem Alegria moved, seconded by Councilmember Ferraro, to approve the
Consent Calendar with items H and J removed for separate consideration.
The motion passed on the following roll call vote:
AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: None
A. Motion to Waive Full Reading
Adopted a motion to waive reading in full of all ordinances presented at this meeting
with consent of the waiver of reading deemed to be given by all Council Members
after the reading of the title.
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B. Approval of Minutes (Colborn)
Approved the Minutes of the April 21, 2020 Regular Meeting and the April 27, 2020
Adjourned Regular Meeting.
C. Register of Demands (Amundson)
1) Adopted Resolution No. 2020-19, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, ALLOWING CERTAIN CLAIMS AND
DEMANDS AND SPECIFYING FUNDS FROM WHICH THE SAME ARE TO BE
PAID(check run 4/10/20); and 2) Adopted Resolution No. 2020-20, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES,
ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING FUNDS FROM
WHICH THE SAME ARE TO BE PAID(check run 4/17/20).
D. Consideration and possible action regarding a claim against the City by Sara
Dao-Pickard (Colborn)
Rejected the claim and directed Staff to notify the claimant.
E. Consideration and possible action to receive and file the March 2020 Cash
Balances/Monthly Treasurer’s Report (Lin)
Received and filed the March 2020 Cash Balances/Monthly Treasurer’s Report.
F. Consideration and possible action to review and adopt the FY2019-20
Investment Policy for the City of Rancho Palos Verdes (Lin)
Adopted the FY19-20 Investment Policy for the City of Rancho Palos Verdes.
G. Consideration and possible action to approve the continued participation in
the Los Angeles Urban County Community Development Block Program
(CDBG) (Sassoon)
1) Approved Resolution No. 2020-21, approving and authorizing an agreement by
and between the City of Rancho Palos Verde and the Los Angeles Urban County
Community Development Block Program (CDBG); 2) Authorized the Mayor and the
City Clerk to execute the proposed Agreement with the Los Angeles Urban County
Community Development Block Program.
H. Consideration and possible action to approve EDCO’s Residential Solid Waste
and Recycling rate increase request for Fiscal Year 2020-21(Ramezani)
This item was removed for separate consideration.
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I. Consideration and possible action to adopt Ordinance No. 635 to repeal and
replace Chapter 8.20 (Solid Waste Collection and Disposal) of Title 8 (Health
and Safety) of the Rancho Palos Verdes Municipal Code (Ramezani)
Adopted Ordinance No. 635, AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, REPEALING AND REPLACING CHAPTER
8.20 (SOLID WASTE COLLECTION AND DISPOSAL) OF TITLE 8 (HEALTH
AND SAFETY) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
RELATED TO SOLID WASTE.
J. Consideration and possible action to receive and file a third quarter report on
the implementation of the City’s Wireless Telecommunications Facilities in the
Public Right-of Way Ordinance (Case No. PLCA2019-0002) (Eder)
This item was removed for separate consideration.
K. Consideration and possible action to approve an agreement with RACE
Communications to become part of the South Bay Fiber Network (Buchwald)
Authorized the City Manager to sign the 36-month Master Products and Services
Agreement with Race Communications to become part of the South Bay Fiber
Network.
L. Consideration and possible action to support Senate Bill No. 1191 (SB 1191)
for significant clarifications on organic waste management compliance
associated with Senate Bill No. 1383 (Chapter 395 of the 2016 Statutes, SB
1383).
Authorized the Mayor to sign a letter to Senator Ben Allen in support of SB 1191
amended on March 23, 2020, for significant clarifications on California local
jurisdictions’ "good faith efforts" in determining organic waste management
compliance with Senate Bill No. 1383 (Chapter 395 of the 2016 Statutes, SB 1383).
CONSENT CALENDAR ITEM(S) PULLED FOR PUBLIC COMMENT:
None.
PUBLIC HEARINGS:
None.
REGULAR BUSINESS:
1. Consideration and possible action to receive a Wildfire Mitigation presentation
from the Emergency Preparedness Committee
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Deputy City Clerk Takaoka reported that late correspondence was distributed prior
to the meeting.
Senior Administrative Analyst Jesse Villalpando introduced Diana Feinberg, Chair of
the Emergency Preparedness Committee (EPC) who presented a staff report and
PowerPoint presentation.
The following members of the public addressed the City Council via voicemail:
SUNSHINE.
Discussion ensued among Council Members and Staff.
Councilmember Dyda moved, seconded by Councilmember Ferraro, to receive and file
the presentation from the EPC. Additionally the Council provided Staff and the EPC
further direction to: (1) send an informational letter to residents; 2) contact SCE
regarding undergrounding considerations; 3) pursue outreach/dialogue with insurance
companies 4) outreach to LAFCO in identifying high risk areas; 5) Building permit
streamlining; and, lastly to provide quarterly updates to Council
The motion passed on the following roll call vote:
AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: None
2. Consideration and possible action to amend Chapter 12.08 (Trees and Shrubs)
of the Rancho Palos Verdes Municipal Code to strengthen the City’s ability to
protect unlawful actions to City trees and to amend the City’s Administrative
Citation Penalty Fine Schedule to impose Tier 2 penalties for such violations.
Deputy City Clerk Takaoka noted that there were no requests to speak.
By acclamation, the staff report was waived as this item was discussed at the previous
City Council meeting.
Discussion ensued among Council Members and Staff.
Councilmember Bradley moved, seconded by Councilmember Dyda, to waive further
reading and introduce by title only Ordinance No. 636, entitled “AN ORDINANCE OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTIONS
12.08.040 & 12.08.050 OF CHAPTER 12.08 (“TREES & SHRUBS”) TO TITLE 12
(“STREETS, SIDEWALKS & PUBLIC PLACES”) AND SECTIONS 1.16.010 & 1.16.110
OF CHAPTER 1.16 (“ADMINISTRATIVE FINES”) OF TITLE 1 (“GENERAL
PROVISIONS”) OF THE RANCHO PALOS VERDES MUNICIPAL CODE”; and, 2)
Adopt Resolution No. 2020-22, A RESOLUTION OF THE CITY COUNCIL OF THE
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CITY OF RANCHO PALOS VERDES AMENDING THE ADMINISTRATIVE CITATION
PENALTY FINE SCHEDULE BY AMENDING THE SECOND TIER OF FINES FOR
CERTAIN VIOLATIONS OF CHAPTER 12.08 OF RANCHO PALOS VERDES
MUNICIPAL CODE, AND RESCINDING RESOLUTION NO. 2019-15
The motion passed on the following roll call vote:
AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: None
CONSENT CALENDAR ITEM(S) PULLED BY A COUNCIL MEMBER:
Mayor Cruikshank called for a brief recess at 9:10 P.M. The meeting reconvened at
9:15.
H. Consideration and possible action to approve EDCO’s Residential Solid Waste
and Recycling rate increase request for Fiscal Year 2020-21(Ramezani)
Director Sassoon provided a brief staff report and introduced Steve South ,
President/CEO of EDCO.
President South explained the methodology of the formula for the rate increase.
Discussion ensued among Council Members and Staff.
Councilman Bradley moved, seconded by Councilmember Dyda to approve EDCO’s
Residential Solid Waste and Recycling rate increase request of 2.9% for FY 2020-21.
The motion passed on the following roll call vote:
AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: None
J.Consideration and possible action to receive and file a third quarter report on
the implementation of the City’s Wireless Telecommunications Facilities in the
Public Right-of Way Ordinance (Case No. PLCA2019-0002) (Eder)
Director Sassoon answered questions regarding the RFP.
Councilman Dyda moved, seconded by Councilmember Ferraro to rece ive and file the
third quarter report on the implementation of the City’s Wireless Telecommunications
Facilities in the Public Right-of-Way Ordinance.
The motion passed on the following roll call vote:
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AYES: Bradley, Dyda, Ferraro, Alegria, and Mayor Cruikshank
NOES: None
ABSENT: None
FUTURE AGENDA ITEMS:
Mayor Cruikshank requested a recycling presentation by the the Los Angeles County
Sanitation District re
CITY COUNCIL ORAL REPORTS:
Each Council Member present reported on his/her attendance at various organization
and association meetings.
ADJOURNMENT
At 9:41 P.M., Mayor Cruikshank adjourned this meeting in honor of V-E day, to 6:00
P.M. on May 19, 2020.
/s/ John Cruikshank
Mayor
Attest:
/s/ Emily Colborn
City Clerk